RE: Re: How about a latent image?

In traditional photography, a protected work exists when the shutter closes, upon completion of the exposure of the light sensitive material (silver or dyes) in the film. Light alters the properties of those materials, fixing the image for more than a transitory period, vesting copyright ownership in the author (or in the case of a wmfh, the employer). The image may then be perceived through technological measures -- chemical processing. The term "fixed" as used in the Act should not be confused with the chemical process often referred to as "fixing," in which a chemical is applied to the film to clear away unexposed silver and halt development.

In digital photography, where silvers and dyes are replaced by light sensitive receptors, light is recorded in a latent image composed of a series of 1s and 0s, ready to be perceived by technological measures. That latent image is perceived through technological measures typically including a computer, software and monitor, rather than chemical baths. As with traditional photography, the protected work exists upon completion of the exposure - at the moment that the shutter closes.

_J_e_f_f__S_e_d_l_i_k_ Received on Tue Aug 24 2004 - 19:54:59 GMT